Services Agreement - Sample - Export Development Canada (EDC)

6. The Recipient shall be responsible only for direct damages caused to the Disclosing Party by any
disclosure of Confidential Information in breach of this CONFIDENTIALITY AGREEMENT.
The Disclosing Party shall not be entitled to recover from the Recipient any amount on account of
any indirect, special or consequential damages as a result of any action or failure to act under or
in respect of this CONFIDENTIALITY AGREEMENT.
7. The parties agree that the party which has suffered or would suffer by the breach of this
CONFIDENTIALITY AGREEMENT by the other, may, subject to applicable law, be entitled to
immediate equitable relief, including injunction and specific performance, as remedies for any
such breach. Such remedies shall, subject to applicable law, not be deemed to be the exclusive
remedies available for any such breach but shall be in addition to all other remedies available at
law or in equity. By entering into this Agreement, EDC is not waiving any rights which it may
have pursuant to applicable law.
8. All documents, drawing, spreadsheets, data and writings (including electronic materials)
disclosing Confidential Information and all copies thereof shall be returned promptly by the
Recipient upon receipt of a written request from the Disclosing Party or at any time by the
Recipient in its discretion and any copies that have been made will (subject to the requirements of
applicable law and internal audit purposes in the case of which the terms of this
CONFIDENTIALITY AGREEMENT shall continue to apply to the Confidential Information not
so dealt with) be destroyed in accordance with the Recipient’s procedure for destruction of
similar confidential material; however, the undertakings set forth in this section shall not apply to
Confidential Information furnished to EDC in connection with transactions entered into by EDC
including any financing, insurance or other arrangements whatsoever. The Parties' obligation to
protect Confidential Information in accordance with this CONFIDENTIALITY AGREEMENT
shall survive such return or destruction of the Confidential Information and shall subsist until the
date determined under Section 9.
9. This CONFIDENTIALITY AGREEMENT constitutes the entire understanding and agreement of
the Parties relating to the protection of Confidential Information. No rights or obligations other
than those expressly recited herein are to be implied from this Agreement, or otherwise, and the
Parties, to the extent permitted by the governing law of this CONFIDENTIALITY
AGREEMENT, agree that this CONFIDENTIALITY AGREEMENT shall be the sole and
exclusive source of their rights against each other in relation to Confidential Information.
10. This CONFIDENTIALITY AGREEMENT may be terminated at any time by mutual agreement
of the parties and unless earlier terminated, this CONFIDENTIALITY AGREEMENT shall
expire three (3) years from the Effective Date. On a single occasion, at any time before its
expiration or termination, either party may extend this CONFIDENTIALITY AGREEMENT for
one year by written notice (by fax or otherwise) to the other party, which notice shall be effective
upon receipt.
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